Temporary workers and workplace protections

On behalf of Law Office Of Deborah M. Truscello posted in workplace safety on Wednesday, November 28, 2018.

The Occupational Safety and Health Administration is taking a step to ensure that Pennsylvania employers fulfill their responsibilities to protect temporary workers. The agency is recommending that host employers as well as temporary staffing agencies detail in their contracts with one another their respective responsibilities regarding compliance with relevant OSHA standards. Having a contract that includes these terms can prevent confusion and noncompliance.

Host employers and temp agencies have a joint obligation to ensure that their temporary workers have a safe environment in which to work. They are also jointly responsible for making sure that the requirements for hazard communication, record keeping and training are completed.

Both the temporary and host employers can be held liable by OSHA for being in violation of safety standards. This may include violations related to providing sufficient training about workplace hazards. Host employers and staffing agencies both have control over the temporary workers. As a result, both are responsible for the safety and health of those workers.

OSHA has multiple concerns regarding the welfare of temporary workers. The agency is concerned that the use of temporary workers may be an attempt by some employers to avoid being in compliance with worker protection laws. There is also a concern that temporary workers are posted to an assortment of positions, including those that present the most danger.

A workers' compensation attorney could advise a client who was injured while on the job. Legal counsel may consider the factors surrounding the workplace injuries and suggest ways to obtain compensation for medical bills and lost wages. The appropriate federal agencies, such as OSHA, may be advised of an employer's workplace violations.

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The Law Office Of Deborah M. Truscello represents clients in Delaware County, Chester County, Montgomery County and Bucks County, including the cities of Media, Broomall, Lima, Springfield, Wayne, Philadelphia, West Chester, Norristown, Upper Darby, Kennett Square, Chester and Ambler, Pennsylvania.